The National Prosecuting Authority (NPA) and the Hawks, in their bid to present evidence in court against Mdluli, failed to get the evidence declassified by Phiyega.
Phiyega said: "There's a law that governs how documents are declassified, the law is called Minimum Information Security Standards [Miss]... when I was asked to declassify documents, given a file full of copies of documents and the law says I can declassify documents if I have originals."
She said she requested the originals from the Hawks and crime intelligence but "nobody could produce" them.
"I had to decide whether I become unlawful and sign against Miss [law]... the catch was if I sign, I become a criminal,"
NPA spokesman Luvuyo Mfaku said: "We have nothing to do with classification [of information], it's a police issue".
Hawks spokesman Brigadier Hangwani Mulaudzi said: "We are not in a position to comment on a matter that's still pending."